ANA Privacy Principles Policy

Privacy

Australian Network Adjusters Pty Ltd, hereafter referred to as ANA, is committed to the protection of your personal information. ANA’s business is governed by an Industry Code called the “General Insurance Information Privacy Code” (“the Code”) as well as ANA’s own policies and procedures. This includes ANA’s Privacy Principles, which have been designed to ensure that your personal information is protected.

Our Privacy Principles contain the following important information regarding your interaction with us.

The Principles
1. Collection of Personal Information
2. Use and Disclosure of Personal Information
3. Data Quality
4. Data Security
5. Openness
6. Access and Correction
7. Identifiers
8. Anonymity
9. Transborder Data Flows
10. Sensitive Information

Principle 1 - Collection of Personal Information

ANA will only collect personal information that is necessary for its legitimate functions or activities. ANA will only collect personal information by lawful and fair means, not in an unreasonably intrusive way.

At or before the time ANA collects personal information from you (or, if that is not practicable, as soon as practicable thereafter), ANA will take reasonable steps to ensure you are aware of:
a) ANA’s identity and how to contact us;
b) The fact that you are able to gain access to the information;
c) The purpose for which the information is collected;
d) The types of organisations to which ANA usually discloses information of this kind;
e) Any law that requires the particular information to be collected; and
f) The consequences for you if information is not provided.


Where it is reasonable and practical to do so, ANA will collect personal information directly from you. Where ANA collects personal information from a third party, ANA will take reasonable
steps to ensure that you are aware of the matters listed in a) to f) above, unless telling you of those matters would pose a serious threat to the life or health of any individual.


Principle 2 - Use and Disclosure of Personal Information

ANA will only use personal information for a purpose other than the primary purpose of collection or disclosure (a secondary purpose) if:
a) In the case of non-sensitive personal information:
i. the secondary purpose is related to the primary purpose of collection; and
ii. you would reasonably expect ANA to use or disclose the information for the secondary purpose;
b) in the case of sensitive personal information: (see Principle 10 below)
i. the use or disclosure is for a purpose that is directly related to the primary purpose of collection;
and ii. you would reasonably expect ANA to use or disclose the information for the secondary purpose; or
c) you consent to the use or disclosure;
d) the secondary purpose is direct marketing; and:
i. it is impractical for ANA to seek your consent before using the information; and
ii. you are not charged a fee when you ask not to receive direct marketing communications; and
iii. you have not made a prior request to ANA not to receive direct marketing communications; and
iv. ANA gives you the express opportunity at the time of first contact and subsequent contacts, to decline to receive any further direct marketing communications; and v. each written direct marketing communication sent by ANA sets out our address and telephone number and, if the communication is sent by fax or other
electronic means, a number or address at which ANA can be contacted electronically. e) ANA reasonably believes that the use or disclosure is necessary to lessen or prevent a serious and imminent threat to your life, health or safety or a
serious threat to health or public safety;
f) ANA suspects that unlawful activity has been or may be engaged in and discloses or uses the personal information to investigate or report the unlawful activity to the relevant person or authority;
g) ANA discloses or uses the information as required or specially authorised by law;
h) ANA discloses or uses the information because ANA believes it to be reasonably necessary for one or more of the following by or on behalf of an enforcement body:
i. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches a prescribed law;
ii. the enforcement of laws relating to the confiscation of the proceeds of crime;
iii. the protection of the public revenue;
iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
v. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
If ANA uses or discloses personal information under paragraph h of above, ANA will make a written note of the use or disclosure. Where ANA has collected
information from a related body corporate and wishes to use or disclose the information, the primary purpose of collection, for the purpose of applying the exceptions in a) to h) above, is the primary purpose for which the related body corporate collected the information.


Principle 3 - Data Quality

ANA will take reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date.

Principle 4 - Data Security

ANA will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. ANA will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Principle 2.

Principle 5 - Openness

ANA has clearly expressed policies on its management of personal information. These policies are set out in this document, which ANA make available to anyone who requests it. On request, ANA will take reasonable steps to let you know, generally, what sort of personal information ANA holds, for what purposes, and how ANA collect, use and disclosure this information.

Principle 6 - Access and Correction

Where ANA holds personal information about you, ANA will provide you with access to the information on request, in a manner suitable to your reasonable needs, except to the extent that: a) providing access would pose a serious and imminent threat to the life or health of any individual; or b) in the case of health information, where providing access would pose a serious threat to the life or health of any individual; or c) providing access would have an unreasonable impact on the privacy of other individuals; or d) the request for access is frivolous or vexatious; or e) the information relates to existing or anticipated legal proceedings between ANA and you and the information would not be accessible by the process of discovery in those proceeding ; or f) access to the information would reveal the intentions of ANA in relation to negotiations with you in such a way as to prejudice those negotiations; or g) providing access would be unlawful; or h) denying access is required or authorised by or under any law; or i) providing access would be likely to prejudice an investigation of possible unlawful activity; or j) providing access would be likely to prejudice: i. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches a prescribed law; or ii. the enforcement of laws relating to the confiscation of the proceeds of crime; or iii. the protection of the public revenue; or iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or v. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or k) where an enforcement body performing a lawful security function asks ANA not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia. ANA will not provide access to information if this would reveal evaluative information generated within ANA in connection with a commercially sensitive decision making process. ANA will however give you an explanation for the commercially sensitive decision rather than access to the information. If ANA is not required to provide you with access because of one or more of paragraphs a) to k) above ANA will, if it is reasonable, consider whether the use of a mutually agreed intermediary would allow sufficient access to meet your needs and ANA’ needs. ANA will not charge you for lodging a request for access to your information and if ANA levy any charges for providing information, they will not be excessive. If ANA holds personal information about you and you are able to establish that the information is not accurate, complete and up to date, ANA will take reasonable steps to correct the information so that it is accurate, complete and up to date. If you disagree about whether the information ANA holds about you is accurate, complete or up to date you can request ANA to associate with the information a statement claiming that the information is not accurate, complete or up to date and ANA will take reasonable steps to do so. ANA will provide reasons for denial of access or a refusal to correct information.

Principle 7 - Identifiers

ANA will not adopt as its own identifier an identifier that has been assigned to you by; a) a government agency; or b) an agent of an agency acting in its capacity as agent; or c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract. ANA will not use or disclose an identifier assigned to you by an agency or by an agent or contracted service provider unless: a) the use or disclosure is necessary for ANA to fulfil our obligations to the agency; or b) one or more of the paragraphs of Principle 2 e) to h) apply to the use or disclosure. Principle 8 - Anonymity Whenever it is practicable and lawful, you will have the option of not identifying yourself when dealing with ANA.

Principle 9 - Transborder Data Flows

ANA will not transfer personal data outside Australia unless the country is subject to a comparable scheme.

Principle 10 - Sensitive Information

ANA will not collect sensitive information, that is information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or details of health or sex life unless: a) you have consented; or b) the collection is required by law; or c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns: i. is physically or legally incapable of consenting to the collection; or ii. physically cannot communicate consent to the collection d) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim Complaints Handling If you believe your privacy may have been interfered with by ANA you have the right to make a complaint. ANA’ Privacy Disputes Panel will consider the complaint and attempt to resolve it. If you are dissatisfied with our handling of the complaint or the outcome, you may ask the Privacy Compliance Committee, as the independent adjudicator of the Code, to investigate the complaint. The Committee has powers to make a determination on the complaint. If you are dissatisfied with the determination of the Privacy Compliance Committee, you may ask the Privacy Commissioner to review the determination. Determinations of the Privacy Compliance Committee are enforceable through the Federal Court or the Federal Magistrates Court. How ANA will Respond to a Complaint a) Complaints can be made orally at first, or in writing. Where a complaint is made orally you must confirm the complaint in writing as soon as possible. b) ANA’s Privacy Officer will help you to put the complaint in writing where you require assistance to do so. c) When ANA receives your request for the resolution of a complaint ANA will respond within 15 working days, and will advise of: i. the general reasons for the outcome; and ii. information on the further action that you can take under the Code, should you remain dissatisfied with our handling of your complaint or the outcome of your complaint.